Autor Cointelegraph By David Attlee

Russian tax authority proposes using crypto as a foreign trade payment tool

Russia’s Federal Tax Service (FTS) has joined the debate around crypto regulation in Russia with an unexpectedly blunt proposition — to let Russian companies use digital currencies as a payment method when transacting internationally.On April 20, local newspaper Izvestia reported that the FTS left its official feedback on the draft of the crypto bill prepared by the Ministry of Finance. In its remarks, the fiscal agency proposed to let Russian companies use crypto for certain operations:“To let corporate entities pay for goods and services according to foreign trade contracts and to receive revenue from foreign entities in digital currency.”The initiative could fundamentally alter the spirit of the proposed framework, which previously excluded any other role for digital currencies than that of investment assets. As Izvestia noted, the current draft contains a clause according to which the ban on using crypto as a payment method is in effect “in all cases where this law does not specify otherwise.” The FTS proposed to act on this reservation to diversify payment options available to Russian companies engaged in international trade amid severe financial sanctions imposed on the country.The FTS also reportedly specified that companies would be required to buy and sell digital currencies via regulated crypto wallets and exchange platforms. Related: Russia’s central bank goes to war: Is cryptocurrency a friend or foe?In response to the FTS’ feedback note, the Ministry of Finance left the “partially support” mark, elaborating that the issue requires further consideration and discussion.On April 8, the Russian Ministry of Finance finalized the draft bill titled “On Digital Currency” (also known as the “crypto bill”) and sent it to the government for approval. A week later, the president of Russia’s Chamber of commerce and industry called for collaborating with African countries to enable cross-border settlements in crypto and central bank digital currencies (CBDCs).

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Russia to include crypto into its tax code: Here is what the rules might look like

In the last few months, the standoff between the Central Bank of Russia (CBR) and the country’s Ministry of Finance over crypto regulation has become the key regulatory plot for the Russian crypto community to follow. Simultaneously, however, another important legislative development has been unfolding somewhat under the radar: negotiations around tax code amendments that would make cryptocurrencies a taxable asset class. Here’s how it went down so far.13% for individuals and 20% for companiesAs the head of the State Duma’s (the lower chamber of Russian Parliament) financial markets committee, Anatoly Aksakov told local media on April 7 that the amendments to the federal tax code regarding crypto are expected to pass by the end of the summer parliamentary session. The government-backed legislation includes a requirement to report digital asset transactions if their total exceeds 600,000 rubles, or around $8,000, per year and fines of up to 40% of the individual tax sum in case of non-reporting. The bill passed the first reading in February 2021, after which it got stuck in limbo for almost a year for reasons unknown. Aksakov only mentioned the recent delay in the discussion around crypto tax amendments, pointing out Duma’s emergent task of crafting “anti-crisis policy” that has shelved the crypto regulation for a while. The amendments awaited their fate as the broader discussion on the crypto regulatory framework between the CBR and the Finance Ministry ensued. While the central bank champions the idea of a direct ban on both crypto trading and mining, the ministry has offered its own vision to regulate rather than outlaw the industry. It seems that the CBR still stands by its restrictive position and the tax amendments won’t make an exception. A CBR spokesperson claimed that “digital assets are being used, among other things, to evade tax payments.”Still, the estimates of potential federal tax revenue from crypto range from 10-15 billion rubles, or around $122-181 million, to 20 billion rubles, or around $244 million. The proposed tax would be imposed only on income — 13% on individuals’ personal income and 20% on legal entities’. Qualified investors would enjoy a tax deduction in the amount of 52,000 rubles or more per annum. The taxes are unlikely to apply to assets accumulated by 2021 but will hit Russian tax residents’ crypto transactions performed in any jurisdiction. Starting somewhere“This is an initiative of the Federal Tax Service, with support from the Ministry of Industry and Trade and a number of officials and former officials from the Ministry of Finance,” said Aleksandr Podobnykh, chief information security officer of digital asset firm Security Intelligence Cryptocurrencies Platform (SICP), explained to Cointelegraph.Alexander Bychkov is the CEO of global crypto debit card provider Embily and pays his taxes in Singapore. Bychkov said that the proposed tax amendments are part of a bigger picture of the regulatory clash between the CBR and the Ministry of Finance. He believes that the amendments will pass, opening “a lot of doors for developing products” in Russia.The question remains whether Russian citizens holding digital assets — worth about $130 billion by the government’s own estimates — will be willing to get in line and whether the Federal Tax Service (FTS) will have the technical capacity to collect the taxes. Bychkov is not sure about the latter point but doesn’t see any other choice for the authorities but to start somewhere:“My opinion is that the Russian system cannot be really ready, but it has no option but to build infrastructure step by step. As a Singapore taxpayer and resident, I can say that the tax legalization of crypto helps Singapore to be one of the most developed market economies, with one of the highest GDP per capita in the world.”In the shadow of a larger fightPodobnykh said that collecting crypto taxes is not a huge problem currently. He commented:“Since December 2021, when filing a tax return, you can choose digital assets and indicate the profit from them. Another problem is the exchange of one crypto asset to another and the calculation of profits. Here, the solution is seen in revenue calculation services, possibly integrated with exchanges and auditable for interested parties.”As both experts agree, the process of institutionalizing crypto taxation through the amendments to the tax code doesn’t bear any specific significance in the context of the standoff between the CBR and the Ministry of Finance over the fundamental approach to digital asset regulation. This is consistent with recent statements made by the finance minister, Anton Siluanov, who has underscored the secondary importance of the tax collection scheme in relation to a more general regulatory framework. Given the momentum that the Finance Ministry’s approach to bring crypto into the regulatory perimeter has gained recently among many stakeholders within the Russian government, the passage of the tax amendments by the end of the Spring, as Aksakov had promised, looks like a very realistic timeline.

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‘There are already digital means of payment:’ EU Commission gets 11,000 public comments on CBDC project

In less than two weeks that passed since the European Commission opened its “Digital euro for the EU” initiative up to public consultation, more than 11,000 individuals and organizations left their feedback on the website. The feedback section will be open until June 14. Besides the open-ended comments section on the website, there is a targeted consultation questionnaire that aims to collect information from the industry representatives, authorities and experts regarding such aspects of the prospective digital euro as privacy and data protection, Anti-Money Laundering (AML) and Combatting the Financing of Terrorism (CFT) rules, the impact on financial stability and users’ needs and expectations. The consultation process predates legislative consideration of the digital euro, which is expected to be scheduled in 2023. As crypto advocate Patrick Hansen noted, in the last year’s round of consultations on the digital euro, the majority of respondents spoke out in favor of payments being a private matter. Despite that, the European Commission’s Commissioner for Economy Paolo Gentiloni stated that “a completely anonymous digital euro is not desirable.”Related: Central Banks of France and Switzerland announce successful trial of digital Euro, Swiss FrancA review of a sample of the public feedback section’s content revealed the existence of a certain discontent with the project in general. For example, as an anonymous comment in German goes:“NO! There are already digital means of payment! So what is CBDC for […] even more surveillance, prevention of bank runs, addiction and the consequent enslavement of mankind? This does not prevent money laundering; this already exists on a large scale for the top 10,000 in many tax havens e.g. Cayman Islands, Macau, Dubai, etc.”Another German-language commentator, Michael Hagmüller, also emphasizes the fear of governmental overreach that could be made possible by the adoption of a single digital currency: “I am against a digital euro for the EU. My concern is that basic freedoms can also be endangered here and authoritarian governments then have total control. The example of the Maastricht criteria shows that the previous governments do not follow the rules and with a digital euro the state could do what it wants with its citizens and suppress any opposition.”Notably, it is the German language that dominates the public comments section, and the negative sentiment towards the digital euro seems to be prevalent across these posts. It took scrolling through 21 pages to encounter the first opinion in a different language, Dutch. That one also attacked the initiative, albeit in a more moderate manner. Marcel Diepstra opined that the EU should concentrate on proper regulations for crypto, and not on its own CBDC:“Over the last 13 years, we have seen that cryptographically secured digital currencies can be secured and trusted while being completely decentralized. When properly set up, the currency cannot be altered anymore without consent of the majority of all stakeholders.” There is also conspicuous anxiety about the possibility of further power consolidation in the hands of the EU’s biggest economies, expressed in the comments of the smaller member states’ citizens. For one, Milan Golier from Slovakia called for the sovereignty of the Union’s members to be preserved:“Neither I nor my whole family agrees. I think the EU is going too far, the economic aid group between sovereign states is slowly becoming a dictatorial system run by two big players, we certainly did not want this.”Others expressed dissatisfaction with the general process of money virtualization, which is supposed to receive a major boost should the pan-European digital currency be created. Marie Rommelaere from Belgium wrote:“For me, this digital euro is an aberration which confirms the debt-money in which we are unfortunately mired. Neither euro nor any digital currency. Let us find the currency guaranteed by tangible reserves such as gold for example.”But the optimism over the volume of feedback should be taken with a grain of salt as the vast majority of comments come in a form of anonymous short remarks, usually taking a negative stance on the initiative. These are not necessarily an accurate representation of what most EU citizens think on the matter.

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Iran to stiffen penalties for illegal use of subsidized energy in crypto mining

The Iranian government will increase penalties for the use of subsidized energy in crypto mining. The move marks another step in the tightening of mining regulation in the country that had faced energy shortages in recent years. On April 16, the Tehran Times reported, citing the country’s Power Generation, Distribution, and Transmission company, that the government plans to drastically increase the fines rates for the mining operators who use subsidized electricity. The company’s representative Mohammad Khodadadi Bohlouli specified:“Any use of subsidized electricity, intended for households, industrial, agricultural and commercial subscribers, for mining cryptocurrency is prohibited.”According to Bohlouli, the fines for the use of subsidized energy in mining will rise by a minimum of three and a maximum of five times. A repeated violation might lead to revocation of a business’ license and even imprisonment of the offender. Related: Sanctions and trade: Iran aims to develop a central bank digital currencyCryptocurrency mining operations in Iran are legal and subject to a licensing process since 2019. As of January 2020, the Ministry of Industry, Mining and Trade had issued over 1,000 mining licenses. Due to some major challenges to the nation’s energy grid, such as drought and reduced rainfall, in May 2021 Iran’s President Hasan Rouhani announced a temporary moratorium on crypto mining. This cycle repeated itself when the moratorium had been lifted in September 2021 only to be reinstated in December. As the Iranian energy ministry’s spokesman Mostafa Rajabi Mashhadi stated in May 2021, announcing fines for the use of subsidized energy, unauthorized mining of cryptocurrencies “creates problems in supplying electricity due to the damage to the local power grid and transformers.”

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Texas regulators order virtual casino to stop selling NFTs

A virtual, Cyprus-registered casino Sand Vegas Casino Club faced an emergency cease and desist order from Texas and Alabama state securities regulators. The company is ordered to “stop a fraudulent investment scheme tied to metaverses”. On April 13, the Texas State Securities Board reported issuing the order, accusing Sand Vegas Casino Club, Martin Schwarzberger and Finn Ruben Warnke of illegally offering nonfungible tokens (NFTs) to fund the development of virtual casinos in metaverses. Allegedly, Sand Vegas offered 11,111 NFTs to raise funds for its metaverse casinos. The firm offered those who purchased Gambler NFTs and Golden Gambler NFTs a share of the future casino’s profits. By Sand Vegas’ projections, owners of Gambler NFTs could expect profits between $1,224 and $24,480 per NFT annually, and Golden Gambler NFTs holders would earn between $6,480 and $81,000 per NFT over the same period. By April 9, the listing price for Gambler NFTs was between 0.23 ETH (around $744.38) and 777.77 ETH ($2.5 million), while the listing price for Golden Gambler NFTs was between 2.13 ETH ($6,793) and 169 ETH ($547,000). According to the order, the respondents claimed their NFT offerings were not securities and thus did not fall under securities laws. The document specified:“The Respondents are also devising a scheme to obstruct any attempt to regulate the Gambler NFTs and Golden Gambler NFTs […] They are misleading purchasers by claiming they can simply avoid securities regulation by implementing illusory features or using different terminology.”Related: SEC investigating NFT market over potential securities violationsSand Vegas is not registered to sell securities in Texas and Alabama, and hence it is not allowed to proceed with its NFT sales. It appears that the Texan regulators’ initiative could kick off a larger trend as well. As Joe Rotunda, enforcement director at the Texas State Securities Board, has told journalists, his agency is coordinating across state lines to investigate similar offerings and plan enforcement actions in the “hot area” of NFTs.

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